Citation : 2022 Latest Caselaw 4805 AP
Judgement Date : 1 August, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.19640 of 2022
ORDER:
The petitioner had been awarded the contract for taking
up the "Neeru-Chettu" programme for Desilting the tank bed
area of Kothulakunta tank and levelling of Burial ground in
Devaragunta Village, Nuzvid Mandal, Eluru District, vide
Agreement No.567/NC/2017-18 dated 31.10.2017. After
execution of the said work, a final bill for Rs.4,42,909/- had
been prepared and submitted to the concerned for payment. As
the payment of the said amount has not been made by the
respondents, the petitioner had approached this Court, by way
of this writ petition.
2. It is the contention of the petitioner that even
though the respondents admitted that the petitioner is entitled
for payment of the aforesaid sums of money, no payment is
being made. The petitioner contends that such non-payment of
money is clearly arbitrary and high-handed requiring the
interference of this Court.
3. This Court, in various orders, including the
judgment of a learned Single Judge of this Court dated
05.10.2021 in W.P.No.10038 of 2021 and batch had taken the
view that such non-payment of dues is arbitrary and that such
dues need to be cleared by the respondents at the earliest.
4. The learned Government Pleader submits that the
respondent authorities are verifying the claims of the petitioner
and would be in a position to make payment only after such
verification is completed.
5. In view of the aforesaid directions of this Court in
various cases and after hearing the submissions of the learned
counsel for the petitioner, learned Government Pleader for
Irrigation, this writ petition is disposed of with a direction to the
respondents to complete the verification process within a period
of three weeks from the date of receipt of a copy of this order
and thereafter to pay the amount due to the petitioner
depending upon the outcome of the verification, within a period
of six weeks. It is clarified that in the event of the verification
process not being completed within the aforesaid period of three
weeks, the respondents shall pay the amount due to the
petitioner, without insisting upon any further time for
verification. It would also be open to the petitioner to agitate
his/her/their claim for interest, if any payable by the
respondents, in an appropriate forum. There shall be no order
as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
01.08.2022 RKS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.19640 of 2022
01.08.2022
RKS
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